Johnson’s condition immediately raised questions about control of the Senate in the 110th Congress, which convenes Jan. 4. Democrats won a 51-49 edge in the November elections, but the Senate cannot function without the adoption of an organizing resolution.

That resolution is subject to filibuster, and if Republicans refused to adopt it on grounds that Johnson is incapacitated and incompetent to fulfill his duties, the chamber would be at a standstill. At the same time, only Johnson himself — or his family, acting under a power of attorney — could resign his seat, creating a vacancy that South Dakota’s Republican governor would fill. A Republican successor would create a 50-50 tie, giving the GOP operational control as a result of Vice President Dick Cheney’s tie-breaking vote.

If Johnson survives, the Democrats would still be in control by 50-49 until and unless he resigned.

[...]

If Johnson dies or resigns before the end of his term, which runs through 2008, an interim replacement would be appointed by South Dakota Republican Gov. Mike Rounds to serve the remainder of his term. The seat would be filled permanently in the regular 2008 November general election.

[...]

Johnson's situation is unique because there is no Congress in session, and his long- term prognosis is uncertain. His family, through its power of attorney, does have the power to resign on his behalf if necessary.

[...]

Even if Johnson remains unable to attend to his regular Senate duties for a long period, he can still remain in office, according to Senate historian Richard Baker. There is no constitutional provision for the removal of incapacitated senators.

On the contrary, there is ample precedent for senators being absent for long periods due to health issues, including a former senator from South Dakota, who suffered a stroke in 1969. Republican Sen. Karl Earl Mundt (1948-1973) remained technically in office through the final years of his last term because he refused to resign.

In 1964, California Democrat Clair Engle (1959-1964), who had been absent from the Senate for months due to a brain tumor that had paralyzed him, was wheeled into the Senate on a gurney during the roll call vote on the landmark 1964 Civil Rights Act. Unable to speak, when his name was called, he lifted his arm and pointed to his eye, indicating an "aye" vote. He died in office.

More recently, in 1988, Sen. Joseph R. Biden Jr., D-Del., took a seven-month leave of absence to recover from brain surgery.

Baker said, given the history and tradition of the Senate, a senator remains a senator "as long as he’s alive and breathing."

As I thought, the Senate is not historically inclined to force incapacitated Senators out of office, and traditionally leaves the decision up to them. That, however, doesn't answer the question of what happens if Johnson is physically able to serve but is mentally incapacitated -- presumably, Johnson's family, through their power of attorney (if they have one) can resign for him, or they could allow him to continue to serve without actually participating, on the theory that he would prefer not to turn over the Senate to the opposition.

In any case, Governor Rounds doesn't seem to enter the picture unless a vacancy is created by death or resignation, and neither he nor anyone else in the State government seems to have a hand in determining when there's a vacancy -- that power seems to lie totally with the Senate, Johnson and, possibly, Johnson's family.

The potential filibustering of the organizing resolution would be a problem, except that we know that the Republicans are adamantly opposed to holding up the business of the Senate by use of the filibuster -- they made that abundantly clear in recent years.

If you read unfutz at least once a week, without fail, your teeth will be whiter and your love life more satisfying.

If you read it daily, I will come to your house, kiss you on the forehead, bathe your feet, and cook pancakes for you, with yummy syrup and everything.

(You might want to keep a watch on me, though, just to avoid the syrup ending up on your feet and the pancakes on your forehead.)

Finally, on a more mundane level, since I don't believe that anyone actually reads this stuff, I make this offer: I'll give five bucks to the first person who contacts me and asks for it -- and, believe me, right now five bucks might as well be five hundred, so this is no trivial offer.